Search Results

1. [2020] NZEmpC 145 Horton v ST & CJ Bell Ltd [pdf, 196 KB]

   ...of a plaintiff to have access to the Court against the interests of the defendant.7 Analysis [12] This application fails at the first hurdle. Three reasons were given to support the application all contained in an extremely brief supporting affidavit. They were that a property search by Bell’s lawyers showed Mr Horton did not own any real estate, his income (if any) was unknown, and substantial costs had already been incurred. Bell disclosed that, to date, its costs were...

2. [2022] NZEnvC 007 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 142 KB]

   ...the Act against MacLee Holdings Limited. The location is 293 Manion Road, Rolleston which is a rural property of some 3.52 hectares owned by MacLee Holdings Ltd1 (“the property”). [2] The application for enforcement order was supported by affidavits from: (a) Joseph Leonard Cronin, Environment Canterbury Resource Management Investigator, dated 1 November 2021; and (b) Dr Lisa Caryn Scott, Environment Canterbury Groundwater Science Team Leader, dated 2 November 2021. [3] Th...

3. [2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford [pdf, 182 KB]

   ...1 Branford v The Pho House Ltd [2023] NZERA 427 (Member Craig). essence the company says that a stay is necessary to protect its challenge rights. The application is opposed by the defendant. [2] The parties have filed submissions and affidavits in support of, and in opposition to, the application. It was agreed that the application could be dealt with on the papers. [3] The approach to applications of this sort is well established. As the Act makes clear, a challeng...

4. [2024] NZEnvC 104 Auckland Council v Li [pdf, 167 KB]

   ...Application is not given by 9 August 2024. B: Costs are reserved REASONS Introduction [1] On 29 April 2024 the Auckland Council (the Council) applied for enforcement orders against Ms Li (Respondent). The application was accompanied by an affidavit of Tjaart van Zyl, Acting Senior Investigator of the investigations team at the Council. [2] The enforcement orders are sought in relation to a property at 202 Albany Heights Road, Auckland, legally described as Lot 3 DP 95423 (Pro...

5. [2025] NZEmpC 100 Harte v Te Whatu Ora - Health New Zealand [pdf, 148 KB]

   ...current employment, and mental wellbeing. It also stated that there is limited public interest in knowing their identities. As an alternative, it asked that the witnesses’ names be anonymised if non-publication orders are not made. [4] An affidavit has been filed on behalf of Te Whatu Ora in which it is claimed that the employment with Te Whatu Ora of at least two of the seven witnesses is not secure as a result of a change process. The affidavit states that the witnesses are...

6. [2018] NZEnvC 136 West Coast Regional Council v Westland District Council [pdf, 535 KB]

   ...the following applications, dated 7 August 2018: (i) to amend Order A(e) in the decision, changing the date for compliance from Friday 3 August 2018 to Tuesday 7 August 2018; (ii) for waiver (s 281(1)(a)(vi)) of the requirement to provide an affidavit as part of the application to change enforcement orders; (iii) for waiver (s 281(a)(iv)) of the requirement to provide notice as to the application and an affidavit as to service of the Regional Council. Application to further chan...

7. [2019] NZEmpC 79 Watts & Hughes Construction Ltd v De Buyzer [pdf, 202 KB]

   ...order is sought will outweigh the public interest in their being publicly named. [5] Here the application for non-publication is for several organisations and/or people. In fact, it is not clear, either from the application or from some of the affidavits, whether the non-publication is sought for the name of the individual swearing the affidavit, or the organisation that employs them, or both. Ms Mathieson, advocate for the plaintiff, says ideally the names of both the organisatio...

8. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...she is responding to the alleged lack of supervision while overseas,6 to her supervision of multiple providers in the normal course of operating her practice,7 and to the issue of the provision of legal advice by non-lawyers.8 Also, in her First Affidavit dated 20 October 2011, Ms Simes acknowledges the allegation of difficulty in her being able to appropriately supervise multiple providers in the normal course of practice (ie. at all times, not just when overseas) made in the Legal Ser...

9. Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138 (52 TTK 138) [pdf, 132 KB]

   ...be the subject of the present application. Thus, the instalment penalty of $55.40 dated 28 November 2011 cannot be claimed. Has the Council established its entitlement to a charging order? [12] The Council’s application was supported by an affidavit from Cheryl Gavin- Young, who is employed by the Council as Revenue and Collections Manager. Her affidavit details the Council’s dealings with Mr Maihi over the years and includes a “transaction history” document (Exhibit “A...

10. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 61 [pdf, 183 KB]

    ...submissions for the purpose of the rehearing. [10] Mr D Nottingham has applied for leave for further evidence to be admitted at the rehearing: [a] unsigned briefs of evidence prepared by Mr Honey and Mrs Honey in December 2015; and [b] an affidavit prepared by Mrs Honey in the course of the District Court proceeding. [11] Mr Simpson advised that the Authority is neutral as to the application, and has filed only limited submissions. [12] The application is opposed by Mr Grove...